Conditions for Employing Foreign Workers in Turkey

• Ali Rıza Deniz

Conditions for Employing Foreign Workers in Turkey

Turkey's growing economy and strategic location attract many international workers and professionals. However, if you are a foreign worker looking to work in Turkey, or an employer wishing to hire a foreign worker, there are specific legal requirements and procedures that must be followed. This guide aims to provide basic information about the conditions for employing foreign workers in Turkey and the process of obtaining a work permit.

Conditions for Employing Foreign Workers in Turkey

Companies wishing to employ foreign workers in Turkey must meet certain characteristics and conditions. These conditions are crucial during the evaluation process of the worker's work permit application. Here are some of these conditions:

1. Being a Registered and Legal Business: The company must be legally registered and operating in Turkey. The company should have official documents published in the Trade Registry Gazette that describe its activities and capital structure.
2. Fulfilling Social Security Obligations: The company must have regularly paid the necessary social security premiums for its current employees and be fulfilling its social security obligations.
3. Economic Adequacy: Companies that want to employ foreign workers are expected to have a certain economic size and financial adequacy. This shows that the company is in a position to meet the determined salary and other obligations for the foreign worker.
4. Employment Rate: In certain sectors and cases, the company may need to employ a certain number of local workers to be able to employ a foreign worker. For example, there may be a requirement to employ a certain number of Turkish citizens for every foreign worker employed.
5. Work Permit Application: The company must apply for a work permit to the Ministry of Labor and Social Security (or other relevant institutions) on behalf of the foreign worker they want to employ and provide all necessary documents.
6. Professional and Sectoral Criteria: The foreign worker to be employed must have the necessary professional qualifications and experience for the sector and position in which the company operates. These conditions are determined to ensure that the work permit process for foreign workers operates fairly and orderly, to protect the domestic workforce, and to secure the rights of foreign workers. It is important for companies to thoroughly review these conditions and fulfill all necessary requirements before starting the application process.

How to Obtain a Work Permit?

Obtaining a work permit in Turkey is an important step for foreign workers and employers. The work permit process varies depending on the worker's location (inside or outside Turkey):

1. Application from Outside Turkey: If the foreign worker is not yet in Turkey, they can apply for a work permit through Turkish consulates abroad.
2. Application from Inside Turkey: If the foreign worker is already in Turkey on a tourist status, the employer must apply directly to the Ministry of Labor and Social Security. Application Process and Required Documents Work permit applications are generally evaluated based on the worker's qualifications and the employer's needs. The process and issuance of the permit can take about 30 days from the date of application. The required documents can vary based on the sector. For more detailed information, it is advisable to check the website of the Ministry of Labor.

Conclusion

Working in Turkey as a foreign worker or employing a foreign worker involves careful planning and adherence to legal requirements. At Zeugma Tax & Law, we provide legal advice and support for work permit applications and employment of foreign workers. Being aware of your rights and obligations in this complex process is vital for a smooth working experience.